Section 368 of CrPC : Section 368: Power Of High Court To Confirm Sentence Or Annul Conviction

Explanation using Example

Imagine a scenario where a person named Raj is convicted of robbery by a Court of Session and is sentenced to 10 years of imprisonment. Unsatisfied with the verdict, Raj's lawyer submits the case to the High Court under section 366 of The Code of Criminal Procedure, 1973, seeking a review of the sentence. In reviewing the case, the High Court has several options:

• The High Court may agree with the Court of Session and confirm Raj's 10-year sentence.
• If the High Court finds that a different sentence is warranted by law, it may reduce the sentence or impose a harsher penalty if justified.
• The High Court may also find that Raj was convicted incorrectly and annul the conviction, possibly convicting him of a lesser offence that the evidence supports.
• If the High Court believes that a fair trial was not conducted, it may order a new trial on the same or a revised charge.
• Alternatively, the High Court might find Raj not guilty and acquit him.

However, the High Court will not confirm the sentence immediately. If Raj decides to appeal, the confirmation is put on hold until the appeal period expires or the appeal is resolved.